Property

“The approval of building plans is not a mere formality in town planning and compliance with building standards promote public safety … The courts should not permit landowners to erect illegal structures on their land and then present the authorities with a fait accompli created by their illegal actions” (Extracts from judgment below) What do you do if your neighbour

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Article courtesy of Law Dot News | Criminal Law Lawyers Check All Emailed Bank Details for BEC (“Business Email Compromise”) Frauds “…sending bank details by email is inherently dangerous, and so must either be avoided in favour of, for example, a secure portal or it must be accompanied by other precautionary measures like telephonic confirmation or appropriate warnings which areRead more

“A kustingbrief … has long been recognised as a superior front-ranking form of security.” (Extract from judgment referred to in the article) You accept a great offer on your property, the sale agreement is signed and the buyer pays the deposit. You put the champagne on ice. But before you can pop it open, the buyer’s bond applications are rejected

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If you are in a Community Scheme such as a Sectional Title development or a residential complex with a Homeowners Association (HOA), keep an eye on the “Shared Living” magazine from the CSOS (Community Schemes Ombud Service) on its Newsletter page. Most of the articles are clearly aimed at Bodies Corporate, HOAs and Managing Agents, but owners and tenants will also

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Article courtesy of Law Dot News | Property | Tax Selling Property this Festive Season: The Property Tax Angle December and January have always been prime months for selling residential property in South Africa, and if you are a “Festive Season Seller”, here are two really important tips for you. Plan your finances Understand and plan for all the financialRead more

Article courtesy of Law Dot News | Property Law  Bond Clauses: Beware the Deadlines! “I love deadlines. I love the whooshing noise they make as they go by.” (Douglas Adams) Here’s yet another reminder from our courts on the danger of not complying strictly with every provision in a property sale agreement. Don’t be like Douglas Adams and listen to

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Article courtesy of Law Dot News | Property Law & Constitutional Law If the Municipality Rejects Your Building Plans, Consider... “The Constitution guarantees that administrative action will be reasonable, lawful and procedurally fair. It also makes sure that you have the right to request reasons for administrative action that negatively affects you.” (Department of Justice and Constitutional Development) Bureaucratic decisionsRead more

“… had the respondent imposed more moderate penalties, it would likely not have had the desired effect, or put differently, the same persuasive sting for individuals of substantial means.” (Extract from judgment below) Buying “plot and plan” in a residential complex allows you the freedom to build your own dream house in a secure environment, quite apart from providing what

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Article courtesy of Law Dot News | Property Owning Property Jointly – The Rewards, The Risks, and The Remedy “Co-ownership is the mother of disputes” (old Roman law maxim) There can be big advantages to owning property jointly but be aware of the risks and take steps to lessen them before you put pen to paper. The problem comes if thereRead more

Article courtesy of Law Dot News | Property and Debt Recovery It’s Not Simple to Sell a House in Execution (Even if a Trust Owns It) “A court shall not authorise execution against immovable property which is the primary residence of a judgment debtor unless the court having considered all relevant factors, considers that execution against such property is warranted”Read more